Revolutionary War Pension and Bounty Land Warrant Application File S. 10,734, James Gifford, Mass.

SERVICE
Mass.
Gifford, James
NUMBER
S. 10734
CONTENTS
carded.

75- Bristol
27154 Massachusetts
James Gifford of Bristol in the State of who was a private in the Comp y . commanded by Captain Glaghorn of the Reg t commanded by Col. Hathaway in the — Mass line for.
17 Months pri. M ch
Inscribed on the Roll of Mass at the rate of 54. Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of Feb y . 1834 and sent to. A Dasset Esq. Taunton Mass
Arrears to the 4th of Sep r 1833 $ 136.65 Semi-ant. allowance ending 4 th Mar 34 27.33 $ 163.98
{ Revolutionary Claim Act June 7, 1832
Recorded by George Taylor Cl k Book 4 Vol. 2 Page 30

Sarah Gifford, born to Benjamin Gifford and Mary his wife, was born in Freeport, the first seventeen hundred and fifty nine.
I hereby certify that the above is a true copy of Record Attest Thomas Bump { Clerk of the said Town of Freeport

Naumburg, Leipzig
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

I Stephen Gifford of Westport in the County of Bristol and State of Massachusetts aged Seventy two years testify and say That at the commencement of the War of the Revolution I lived at Fall River, and continued to live at the River until some time in the year Seventeen hundred and Seventy Eight, when I moved from Fall River, about three miles, where I continued to the close of the War, — I am well acquainted with James Gifford who now lives in Dartmouth in the state aforesaid — I have known him and been acquainted with him during my whole life, while I lived at Fall River aforesaid we both lived in the Farm House until I moved in Seventeen hundred and Seventy Eight — I recollect that after the British came to New Port and took possession of Rhode Island, that a guard was kept up at Fall River and continued so long as they the British had possession of said Rhode Island — I recollect that in the year Seventeen hundred and Seventy Six the said James Gifford had attached himself to the Militia under Oliver Peck, I also recollect that in the latter part Seventeen hundred and Seventy Six as soon as the British landed at New Port, Joseph Druce of said Fall River being then a Captain or Major — had the command of the guard which was raised at said Fall River — a guard was kept up under the command of said Druce to my knowledge through the years Seventeen hundred and Seventy Seven & Seventeen hundred and Seventy Eight — I recollect that James Gifford aforesaid, belonged to said guard, and performed the duty of a Soldier in said guard during said term and I have no hesitation in saying that he performed the duty of a Soldier during the term aforesaid, as much as twelve months — — I also recollect that the said James Gifford in the month of February or March, of the year Seventeen hundred and Seventy Nine, left Fall River and went to New Bedford — and commenced work on the Sails of the Sloop of War Providence, in the month of April of the same year according to the best of my recollection, the said James Gifford over

was enrolled in the company formed and led by Capt George Claghorn, I was frequently at Middlesex and from my particular acquaintance with the said James Gifford - (he being a brother of mine) I was induced to enquire of him into his business and to visit him, by which I knew when and how long he was a Soldier under the Command of Capt. George Claghorn - and from my knowledge of the said James was under Capt. Claghorn from March 1779. until September or October of the same year, during said time, that he was employed as a soldier, on guard duty - which at the least was five months time. Stephen Gifford
Commonwealth of Massachusetts Bristol County S. s. on this thirtieth day of July A.D. 1823, personally came before me the above named Stephen Gifford and made Solemn Oath - that the Deposition aforesaid by him subscribed is true.
And I do further Certify that the said Stephen Gifford is well known to me, that he is a man of good Character for Truth - that in my Opinion his statement is entitled to full credit.
Henry B. Gifford Just of the Peace

James Gifford
27,042
Bristol Co.
Mass.
Act. 17 th - pri.
Cap Reverend  John  Kimball Cloughorn Colottathaway
A Bassett Esq r Taunton Mass

Commonwealth of Massachusetts, } BRISTOL, ss. }
AT a COURT of PROBATE holden at Westport in and for said County on the thirtieth day of July one thousand eight hundred and thirty three  three , before the Honorable HODIJAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared James Gifford a resident of Dartmouth in the County and Commonwealth aforesaid, aged Seventy four years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration.
That he entered the Service of the United States under the following named officers and served as hereinafter stated; to wit: under Capt. Oliver Reed, Captain George Claghorn, Major Joseph Dufu, and Colonel Hannapah Hampton a particular account of his services is set forth under the 5 th Interrogatory.
and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born?
Ans. That he was born in Mt. Hope in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and fifty nine June the 8. day.
2. Have you any record of your age; and if so, where is it?
Ans. I have no further record of my age than what I obtain from the books of the Town of Stratton when my age is recorded, - a certificate of which is hereto annexed.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
Ans. I lived at Fall River aforesaid when I was called into service. I have lived in Dartmouth in the County of Bristol since the Revolutionary war and now live in Dartmouth .
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
Ans. I was called into service and entered the service as a volunteer.

5. State the names of some of the Regular Officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service. at the Commencement
of the Revolutionary War I lived in Scituate, being my native place (since which that part where I lived has taken the name of Scituate, but is usually called Fall River) and now years by that name, in the year Seventeen hundred and Seventy Six I was enrolled in the Company of Captain Oliver Reed, who then lived at Fall River with the expectation of marching to any place where the Officers might be in case of any invasion from the Enemy in and about Fall River or the Shores of Tiverton and Little Compton, during that year I was not called away from Fall River to perform any particular Service in the war, but attended to the drilling and exercise in the Company under Capt Reed, the latter part of that year the British landed at New Port and took possession of Rhode Island and from the time they took possession of Rhode Island until the month of March Seventeen hundred and Seventy nine a period of a little more than two years I was under the Command of Major Joseph Dufie as a volunteer soldier, during which time I performed all the Service required of me as a volunteer soldier, was on guard duty at various places during said time watching the movements of the Enemy, was engaged in collecting Materials for the boats which were prepared for Spencer, and when that expedition failed I was on to help return the boats and take care of those that belonged to the government, passing through the year Seventeen hundred and Seventy Seven, I continued on in the Service as a volunteer in and about the Shores of Fall River and Tiverton and Little Compton, and Rhode Island, and was at Fall River in the Service when the British came there, Major Dufie had

command of the guard I think there was in May or June of the year 1778. Major Dufresne being absent out of health at the time the British Com y - they took and carried off a gun boat with the people on board. About two weeks from this time the British came again to Fall River, landed their men and set fire to some building buildings, at the time such a battle took place between the English and Amer- icans, the English were repulsed with some loss although their numbers were about five hundred and ours about twenty - after this in the same year I was in Sullivan's Expedition, a particular History of which it may not be important to relate, I do not here undertake to say that I was during the whole time aforesaid, actually out on duty and stationed at the different places, but was during all said term under the direction of the Officers aforesaid, that upon a computation of term I do say that I served equal to twelve Months actual service.
That in the spring of Seventeen Hundred and Seventy Nine I think in the Month of February  March I went from Fall River to New Bedford to work upon the Sails of the Sloop of War Providence, while I was at New Bedford the Inhabitants were annoyed by the refugees, Colonel Manapa Thompson gave orders to call out the Militia to guard the Shores of, and from said New Bedford to Clarke's Point, I was then enrolled in Capt George Clapham's Company as a Soldier under Colonel Manapa Thompson - entered said service in the month of April and continued in said service till September a term of five months - during which time we were on guard duty - a part of the time I Quarters at the

company as a driver under Colonel Allen's command - entered service in the month of April and continued in said service till September a term of five months - during which time we were on guard duty - a part of the time I was stationed at the
Benjamin Allen House at the Court - and part of the time at New Bedford upon arrival -
Gilford, James Mass S 10434

6. Were you a Soldier or an Officer? if a Soldier, did you ever receive a discharge from the service, if so, by whom was it given, and what has become of it? if an Officer, did you ever receive a commission, and by whom was it signed, and what has become of it?
Ans I was a volunteer Soldier, and have no recollection of ever receiving a written discharge
7. State the names of the persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution.
Elder Daniel Hicks, John Rogers, Gideon Rogers, Isaac R. Gifford, William Potter, William Cummings, Benjamin Potter - Joseph Mosher, Joseph Gifford Esq, John Cummings, and Captain William Tucker
And the said James Gifford - doth further declare that he hereby renounces every claim whatever to a pension or annuity except the present, and that his name is not on the Pension list of the Agency of any State, or (if any) only on that of the agency of the State of
James Gifford
Sworn to and subscribed, the day and year aforesaid.
H. Dayling, Judge of Probate.
WE Howard Fitch a Clergyman residing in Dartmouth and Almer B. Gifford residing in the same Westport hereby certify that we are well acquainted with James Gifford - who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Almer B. Gifford, Almer B. Gifford
Sworn to and subscribed, the day and year aforesaid.
H. Dayling, Judge of Probate.

AND the said Court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Howard Tripp who has signed the preceding certificate is a Clergyman - resident in the Town of Dartmouth in said County of Bristol, and that Albert B. Gifford who has also signed the same is a resident in said Town, and is a credible person, and that their — statement is entitled to credit.
H. Baylies , Judge of Probate.
Register of Probate.
COMMONWEALTH OF MASSACHUSETTS, } BRISTOL, ss. }
I Amos Bartlett Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Gifford — of Dartmouth in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written.
Amos Bartlett

Per Hays
10734 ✓ INVALID.
File No. 10734
James Gilchrist David R. ...
Act: June 7th 1832
Index:—Vol. A , Page 142
[Arrangement of 1870.]

I Joseph Dufee of Fall River in the County of Bristol and State of Massachusetts - testify and say - in addition to what I heretofore have said, respecting the military service of James Gifford of Dartmouth, that the said James is well known to me - and was during the war of the Revolution - that in the years 1777. & 1778. he was a soldier under my command, in the Regiment of Colonel John Hattaway - that to my personal knowledge he performed Military Service in the war of the Revolution under my command during in the years 1777. & 1778. at least twelve months - in the aforesaid Colonel John Hattaway's Regiment.
Joseph Dufee
Commonwealth of Massachusetts. } Bristol County S.S.
on the twenty seventh day of December A.D. 1833. personally appeared before me the subscriber, a justice of the Peace for said County of Bristol, the above named Joseph Dufee and made oath that the deposition aforesaid by him subscribed is true - and I do further certify that the above said Joseph Dufee is well known to me - that his character for truth and veracity is good - that his statement is entitled to full credit.
Alner B. Gifford Justice of the Peace

Commonwealth of Massachusetts
Bristol ss. I Amos Barrett Register of the Court of Probate in for said County do hereby certify that Almer B. Gifford before whom the within affidavit was sworn is a Justice of the Peace for said County —
In testimony whereof I have hereunto set my hand and the seal of said Court this twentieth day of January Eighteen hundred and thirty four —
Amos Barrett

Personally appeared before me, the undersigned a Justice of the Peace within and for the County of Bristol. James Gifford, who being duly sworn deposith and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades —
For one year I served as a private under the command of Major Joseph Dufu in Colonel John Hathaway Regiment —
and five months I served as a private in Captain George Haghorn Company in Colonel Manapa Kempton Regiment — and for such service I claim a pension.
James Gifford
Commonwealth of Massachusetts Bristol County. s.s. —
On the twenty sixth day of December A.D. 1833, personally appeared before me the subscriber a justice of the peace for said County of Bristol the above named James Gifford being the same person named in his original application for a pension to which this is annexed and made Oath that the statement above by him subscribed contains the truth according to the best of his recollection
Henry B. Gifford Justice of the peace

Commonwealth of Massachusetts.
Knights, I Anselm Brannett Register of the Court of Probate in for said County, do hereby certify that Oliver B. Gifford is a Justice of the Peace for said County & that the signature to the within certificate, purporting to be his, is genuine —
In Testimony whereof I have hereunto set my hand & the seal of said Court this twentieth day of January Eighteen hundred and Thirty four — Anselm Brannett

27042
James Gifford
C Adams
17 M. private cap blaghorn boatway
A. Bapett Esq Taunton Wans

WAR DEPARTMENT,
Pension Office,
Nov 9. 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of James Gufford
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same) hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
3 o The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

I John Sherman of New Bedford in the County of Bristol and State of Massachusetts aged Eighty four years, a Revolutionary Pensioner of the United States - testify and say. That I am acquainted with James Gifford of Dartmouth in said County - that I was a soldier in the war of the Revolution, that in the year Seventeen hundred and Seventy nine I was in the company of Capt George Mayhew - and acted as orderly Sergeant in said company - that sometime in the summer of that year as near as I can recollect while the Soldiers were on duty - and Quarters at the Benjamin Allen House, at Black's Cove so called I knew James Gifford aforesaid - he was a private in the same company with me and Quarters at the same House with me at least one month - I recollect the said James Gifford previous to the above when he was in the Sail loft with John Languethy, - John Sherman
Commonwealth of Massachusetts County of Bristol. S.S. - on this fifth day of June A.D. 1833 - personally appeared the above named John Sherman and made solemn Oath that the deposition aforesaid by him subscribed is true - and I do further certify that the said John Sherman is well known to me, that I believe him to be a man of good character for truth - that in my opinion his statement is entitled to full credit - Henry B. Gifford Just of the Peace

I Joseph Durgan of Troy (Fall River) in the State of Massachusetts - aged Eighty Three years say - That in the year seventeen hundred and Seventy Seven - and in the year Seventeen hundred and Seventy Eight of the war of the Revolution, I lived in Fall River in said State of Massachusetts, and held a commission of Major in the Militia, and was in the service of the united States during said time that while the British had possession of Rhode Island the whole Country about Fall River, and the shores of Seekonk & Little Compton were exposed to the Enemy - that many of the Citizens volunteered their Services in the defence of the Country to keep guard and watch the movements of the enemy - That during said years 1777 & 1778 I recollect James Gifford who now lives in Dartmouth - then lived in Fall River aforesaid - and was a volunteer Soldier under my Command, and according to the best of my recollection he performed the duty of a volunteer Soldier twelve months - being actually engaged in the Service - I will further add that I am now in receipt of a pension -
Joseph Durgan
Commonwealth of Massachusetts Bristol County S.S.
on this 26 th day of July A.D. 1833 personally appeared before me Ebenezer B. Gifford a Justice of the Peace for said County the above named Joseph Durgan, and made oath that the Deposition aforesaid by him subscribed is true. And I do further certify that said Joseph Durgan is well known to me that his Character for truth and veracity is good and that his statement is entitled to full credit.
Ebenezer B. Gifford Justice of Peace

Commonwealth of Massachusetts.
Bristol ss. I Anselm Bassett Register of the Court of Probate in for said County of Bristol, do hereby certify that Almer B. Gifford whose signature is affix- ed to the foregoing certificates, is a Justice of the Peace for said County.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this third day of August 1833. Anselm Bassett